Terms of Service

THIS AGREEMENT is made and entered between AcroTek Solutions, hereinafter referred to as AcroTek Solutions and the Customer, who wishes to use the services of AcroTek Solutions in accordance with AcroTek Solutions's standard application.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As an IT service provider AcroTek Solutions, AcroTek Solutions provides servers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the Internet utilizing the hardware and software resources of AcroTek Solutions to establish an Internet web presence, or to establish an Internet connection on one of AcroTek Solutions's servers.

2. CONDITIONS: The application and this Agreement constitute a binding contract between AcroTek Solutions and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. To legally resell these services said customer must purchase an account within the reseller packages. AcroTek Solutions reserves the right to suspend/terminate an account at any time it feels the user is in violation of these terms of service. AcroTek Solutions reserved the right to refuse a refund of balances should an account be suspended/terminated for violating these policies. In the event that AcroTek Solutions obtains a domain name on and pays the registration fees for said domain on the Customer's behalf, the domain name shall be the property of the Customer. If Customer decides to terminate service with AcroTek Solutions at any time said domain name shall be transferred without question. In this case, the Organization name shall be transferred to Customer after a period of 60 days but no more than 90 days.

3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that AcroTek Solutions provides a 99.5% uptime guarantee. The Customer agrees that AcroTek Solutions shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of (but not limited to) errors and downtime on the customers side. If this guarantee is not met due to error on the part of AcroTek Solutions, the customer shall be refunded a prorated amount for the downtime. This refund is limited to the service account package. No refund that exceeds the amount of the customers package shall be awarded. No oral advice or written information given by AcroTek Solutions, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice that is not included within this agreement. In no event shall AcroTek Solutions be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if AcroTek Solutions has been advised of, or is aware of, the possibility of such damages.

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by AcroTek Solutions is at the Customer's sole and absolute risk. AcroTek Solutions specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME: If AcroTek Solutions shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against AcroTek Solutions, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by AcroTek Solutions for any reason.

6. PAYMENT: The set-up fee and first payment are due at the time the application is filled out, and returned to AcroTek Solutions. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. In the event that the Customer fails to pay for such services, AcroTek Solutions shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. All cancellations must be sent in writing via e-mail to support@AcroTek Solutions.net Include your username domain name and password.

7. UNILATERAL SERVICE REVOCATION: In the event that AcroTek Solutions may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, AcroTek Solutions may immediately discontinue such service to the Customer without liability. AcroTek Solutions strictly prohibits any of the following, as stated in sections 07a, 07b, 07c, 07d, 07e and 07f of this Agreement, in combination or sole action and is in direct violation of this Agreement. AcroTek Solutions has the right to immediately terminate all services in the event of a violation of the Acceptable Use policy AcroTek Solutions has the right to immediately terminate all services, without any due refunds for any reason at any time or reject any offer of hosting for any reason, at any time and without prior notice. AcroTek Solutions has the right to immediately terminate all services, without any due refunds, and collect any damages caused as a result of any violations, as indicated in this Agreement including but not limited to the following:

(a). Transmitting directly or indirectly any single or mass quantity of unsolicited electronic mail (email) through AcroTek Solutions or any network or references Subscriber's account.

(b). Transmitting any electronic mail (email) or data which is deceptive or misleading, illegal, or misrepresents products or services for sale, through AcroTek Solutions or any network or references Subscriber's account.

(c). Transmitting any electronic mail (email) which contains forged source or "From" identification in any header(s) whatsoever through AcroTek Solutions or any network or references Subscriber's account. All electronic mail (email) transmitted whether through AcroTek Solutions or any network or references Subscriber's account must contain Subscriber's authorized, valid, and reachable electronic mail (email) address as provided by AcroTek Solutions or any network for which Subscriber is an authorized user thereof. In the event that service disruptions occur on AcroTek Solutions, including but not limited to internet connectivity interruptions, Subscriber must refrain from transmitting any electronic mail (email) which contains any and all electronic mail (email) address as provided by AcroTek Solutions, whether through AcroTek Solutions or any network or references Subscriber's account.

(d). Accessing or transmitting any electronic mail (email) through any SMTP port (email server) of AcroTek Solutions or any network for which Subscriber is not authorized to have direct or indirect access.

(e). Multiple and/or simultaneous SMTP port (email server) access through AcroTek Solutions is strictly prohibited. AcroTek Solutions allows only one (1) SMTP port connection at any time, unless explicit written provision has been made by AcroTek Solutions to Subscriber.

(f). Although AcroTek Solutions offers unlimited POP, Alias and Autoresponding e-mail accounts, this is not allowed to be used for commercial purposes such as @yahoo.com, @hotmail.com, etc. An account holder may have as many e-mail accounts as they want but 'free' e-mail accounts to the public is not allowed. In other words if an account holder wanted to offer an e-mail address to all 500 of their employees and 100 family members and friends that would be acceptable. However, if that same account holder offered e-mail account(s) to the general public, be they 'free' or 'for sale', this would be a violation of this Agreement.

8. INDEMNIFICATION: The Customer shall indemnify and hold harmless AcroTek Solutions from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against AcroTek Solutions on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

9. CHANGES IN TERMS OF AGREEMENT: AcroTek Solutions reserves the right to make changes to the terms and conditions of this Agreement at any time. All changes in this Agreement will be posted on-line via the AcroTek Solutions website. It is the sole responsibility of the Customer to keep informed of such changes by reading the Agreement. AcroTek Solutions may also refuse to offer service without notice to any present or future persons/company that currently has or applies for a server account. This also includes if AcroTek Solutions feel the site inappropriate due to, but not limited to, nudity, profanity, violation of the Acceptable Use Policy or general misuses of the server assigned at the time agreement is entered into or for any reason discontinues to offer services.

10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

11. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Nebraska in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. Customer agrees to submit to the jurisdiction of the applicable State or Federal Court in Douglas County, Nebraska for any litigation, mediation, or arbitration, which may arise from any dispute concerning any of the provisions herein. Controlling law shall be that of the State of Nebraska. The prevailing party in any litigation hereunder shall be entitled to recover its reasonable attorney’s fees and court costs.

12. CANCELLATION: Transferring your domain to another provider does not constitute canceling your AcroTek Solutions account. You must notify AcroTek Solutions to formally cancel your account to avoid further charges.

13. SETUP TIME: Setup time for all Shared and Reseller accounts will consist of no longer than 24 Hours. We must verify that the Credit Card and paypal account is Valid to reduce Fraud. All VPS setup time is guarantted in 72 Hours.

14. MONEY BACK GUARANTEE: AcroTek Solutions hosting packages carry a 30-day money back guarantee. Request's for a refund after 30 days of your account will be denied. AcroTek Solutions holds the right to refuse a refund should you be found in violation of any of its policies. AcroTek Solutions does not tolerate "Host Jumpers" users who move from host to host monthly requesting money back guarantee refunds. If you are found to be hosting with AcroTekSolutions for this purpose the 30-day money back guarantee is void. All Domain names are final and you can not receive a refund. All VPS plans have a NO Money Back Guarantee, all VPS sales are final.

15. CUSTOMER SUPPORT: Our guarantee that all support queries will be answered within 6 hours.

16. CHANGE IN PLAN AND PRICE STRUCTURES: AcroTek Solutions Reservers the right to change all plan and prices structures of your account. If it is a special we will not change price or length of service of what we promised. We will notify all clients they have one month until the price structure changes.

17. BACKUPS: AcroTek Solutions is not responsible for lost data. It is the individual responsiblity to backup his or her's own data.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto. AcroTek Solutions Does Not Host Adult Oriented Sites AcroTek Solutions's Server Does Not Allow Sending of Unsolicited Email (SPAM)

Our Services | Web Design| Graphic Design | Web Hosting | SEO Services | Contact Us